The word 'momentary' in the Jurisic guideline for dangerous driving occasioning death does not qualify 'misjudgment' — a non-custodial or periodic detention sentence may be appropriate where the offending involves misjudgment (not merely momentary misjudgment) and no Whyte aggravating factors are present. The question of the correct approach to assessing sentence adequacy where periodic detention is ordered (as discussed in Thai v R) remains unresolved.
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